The Waqf (Amendment) Bill has been passed in the voting in the Lok Sabha and the state in the late night after discussion. After passing from both houses of Parliament, now this bill is just one step away from taking the form of law and in such a situation, it is now being done about the changes in its provisions and the possible impact on the Waqf Board. One such change in this amendment bill is about the Limitation Act. The government has also brought the Waqf Board under the limits through this bill.
Waqf had exemption from Limitation Act
In the Waqf Act 1995, Waqf was exempted from the Limitation Act. Section 107 of the Waqf Act provided that the provisions of Limitation Act 1963 on Waqf properties would not apply. Under the Limitation Act, there is a provision that in which case it is necessary to file a complaint and file a case within how many days. The claim made after the fixed period is rejected in the court. This limit is 12 years in terms of private property.
It can be understood from this that if a person occupies your land, then you have to file a case in court within 12 years to get that land back. The exemption from the Limitation Act to Waqf can be understood by an example that a person has been cultivating a land for 50 years. The Waqf Board could also claim that land that this is our land.
The person concerned did not have the right to argue in the court on the basis of the Limitation Act for his defense, that you have been too late to claim. For 50 years, this property has been in my possession and hence it is no longer a claim on it. This is my land.
Now Waqf under the limits of Limitation Act
In the Waqf Amendment Bill, the government has abolished Section 107 of the old law. This simply means that the Waqf Board will also come under the purview of the Limitation Act 1963. Minority Affairs Minister Kiren Rijiju, while presenting the Waqf Amendment Bill in both the houses of Parliament, said that now the Limitation Act will also apply on Waqf.
Also read: Waqf Amendment Bill also passed in Rajya Sabha, 128 votes cast in favor, one step away from the enactment of law now
The government argues that due to the non -implementation of this act, the Waqf Board was ever claiming any land, which was increasing the disputes. After the Limitation Act is implemented, it will be decided that the claims can be made by a certain time and the arbitrariness of the Waqf Board will be curbed. The common people will be confident that now their land will not suddenly be snatched in the name of Waqf and Waqf properties will also come under the purview of general law.
What is the effect of implementing Limitation Act
Even after the Limitation Act is implemented on Waqf properties, the Waqf Board will not be able to claim any property after any time. The Waqf Board will not be able to claim any such property which is occupied by another person or institution for 12 years or more. There will also be a fixed time frame for the Waqf Board to claim any property.
Also read: WAQF Amendment Bill: Now the turn of a legal battle on the Waqf Bill, can the Supreme Court stop the law made by Parliament?
Waqf also comes under the limits of the Limitation Act, it will mean that the Adversar Physical Act will also be implemented. Now if someone retains the property of Waqf for 12 years, then he can declare himself a permanent owner.